Gender 
Women's equality bill causes controversy in Kenya 

afrol.com, 15 February - Ever since proposed in 1999, the Kenyan Equality Bill has caused political and religious controversy. While civil and human rights groups, women organisations, donors and opposition politicians favour it, President Moi, some Christians and the majority of the Muslim society reject the proposed bill. Muslim women now repeat their disgust.

This week, Muslim activists in Kenya renewed their objection to the bill, claiming "it is based on Western values" and would thus entangle Muslim values. A new committee comprising Muslim scholars, lawyers and opinion leaders has now been set up to analyse the bill and propose amendments that could "make it acceptable" to the Muslim society, comprising 16% of the Kenyan population.

The Equality Bill was drafted in 1999 by the Ministry of Home Affairs together with organisations from civil society, also having a Muslim lawyer involved. It seeks to make provisions for equal treatment of all citizens, irrespective of their gender, and end all forms of discrimination. It came as a response to the Beijing and New York gender conferences. 

The first major blow against the drafted bill was when President Daniel arap Moi withdrew his support to it in June 2000. The president claimed that the Kenyan Constitution already provides for equal rights for each and everybody, concluding that now part of civil society needed extra legislation to secure their rights. 

Women's groups reject this view, referring to practises in society. An example is women's poor representation in politics. With only eight women in parliament and none in president Moi's cabinet, Kenya prevails at the bottom end in the Eastern and Southern African region in terms of women's representation in government. Women are also poorly represented in the civil service, with only 23 percent in the higher cadres.

Moi's opposition to the bill has hindered its implementation and thus upset women's rights groups. "We do not see us achieving gender equity with the current Executive and political situation," Martha Koome of the Federation of Kenya Women Lawyers told the Kenyan Daily Nation. "The Government has failed to demonstrate real support and commitment to implement legislation that will enhance gender equity."

The most important threat to the Equality Bill has however come from the Kenyan Muslim society, claiming it goes against the Islam and is based on Western values. Protests among Muslims started last September and culminated in demonstrations by Muslim women in the streets of Nairobi in October. Protesters claimed that "Muslim women were liberated 1,400 years ago," and accused the bill of violating sacred religious values.

Ahmed Mussallam, director of Nairobi's Muslim World League, yesterday renewed the Muslim critics. He told the press that people were "tired of watching as citizens are used by outsiders to pen legislation detrimental to Christians and Muslims. It is time we ditched such pieces of legislation," he said.

Among the central objectives are the equal rights to inheritance and choosing a spouse. Following the bill, women legally would not be bound by Muslim law and tradition in these fields. According to tradition, women inherit less than men, an issue crucial in resource allocation and wealth accumulation. Further, Muslim law and tradition give the family rights to intervene in the process of marriage.

Women activists however claim that the bill does not say anything new on these matters, which are already provided for in the Kenyan legislation. "In Kenya, the Constitution applies to both the Muslims and others," female MP Martha Karua told the Sniffer Magazine. "On matters of inheritance, the Bill is saying: 'let everybody be treated equally.' This does not oblige anyone to go to court to claim an equal share," she went on.

While the matters of marriage and inheritance claim most attention, there is however general agreement on important issues as prohibiting and fighting female genital mutilation (FGM) - which is not a part of Muslim tradition. Although President Moi strongly opposes the harmful practice, there is still no law prohibiting it, and the Equality Bill would have provided the first legal framework on this issue. 

Other issues, such as the equality among sexual orientations, are not included in the Equality Bill, contrary to what several Muslim activists have claimed. Martha Karua blames it on ignorance. "There are those who do not recognize that the word sex represents gender. That word is used in Section 80 of our Constitution as amended in 1997, so if it is to be taken to introduce homosexuality, then you should say it is the Constitution that has introduced it." Homosexuals are met with severe oppression in Kenya, a situation that not will change by the possible introduction of the Equality Bill. 

 

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